Appellate Division: Second Judicial Department

M278579

AFA/

LEONARD B. AUSTIN, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2020-05025 The People, etc., respondent, v Markishia N. Hardy, appellant. (Ind. No. 478/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered March 11, 2020, following a trial. Motion by the appellant pro se for the assignment of counsel to prosecute the appeal, and, in effect, to vacate so much of a decision and order on motion of this Court dated October 19, 2020, which, upon granting poor person relief, directed that the transcripts of proceedings were to be delivered to former retained counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated October 19, 2020, as directed that the transcripts of proceedings were to be delivered to retained counsel is vacated, the appellant's status as a poor person is continued, pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal, and assigned counsel is substituted for former retained counsel:

Laurette D. Mulry

Legal Aid Society of Suffolk County

300 Center Drive, PO Box 1697

Riverhead, NY 11901-3398

and it is further,

ORDERED that former retained counsel, Cassar Law Firm, P.C., 13 East Carver St., Huntington, NY 11743, is directed to turn over all transcripts in this matter to assigned counsel; and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth in the decision and order on motion of this Court dated October 19, 2020, but not previously furnished to former retained counsel, to assigned counsel, without charge (see CPL 460.70); and it is further,

ORDERED that assigned counsel is directed to turn over the transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

AUSTIN, J.P., CHRISTOPHER, GENOVESI and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Appellant's Address: Clerk of the Court

20-G-0161

Bedford Hills Corr. Fac.

247 Harris Road

Bedford Hills, NY 10507